FTC Approves HISA’s Anti-Doping And Medication Rule

Edited Press Release

New and enhanced anti-doping regulations took effect in U.S. Thoroughbred horse racing Monday following the Federal Trade Commission's approval of the Horseracing Integrity and Safety Authority's (HISA) Anti-Doping and Medication Control (ADMC) Program.

HISA's ADMC Program, administered by the Horseracing Integrity & Welfare Unit (HIWU), brings all testing and results management under one national authority, standardizes the categories of substances laboratories test for and institutes clear and consistent penalties for violations.

In its authority as the independent administrator of the ADMC Program, HIWU is introducing to the sport a new paperless sample collection system, strategic out-of-competition testing nationwide and centralized adjudication processes to facilitate swift rulings.

“Having a uniform anti-doping program in place for the first time ever will be a game changer for American horse racing,” said HISA CEO Lisa Lazarus. “HISA's ADMC Program is the modern, rigorous yet fair regulatory framework the sport deserves. Its rules, philosophical approach and professional implementation will help ensure the integrity of the competition and demonstrate the seriousness of the industry's commitment to equine welfare.”

HIWU is led by Executive Director Ben Mosier. Among other members of HIWU's leadership team are experts with decades of experience working in anti-doping, including in Thoroughbred racing, as well as in federal law enforcement.

“The HIWU team is proud to partner with HISA in the administration of the ADMC Program, which represents a major advancement in how the sport governs anti-doping enforcement,” said Mosier. “HIWU has been working with state racing commissions and racing participants for months to educate all the sport's stakeholders on the new rules, including through in-person and virtual presentations and the library of resources on our website. I am grateful to all who are working with us, particularly the local sample collection personnel, laboratories and other officials operating under the new uniform procedures now in place.”

The ADMC Program's Prohibited Substances List is divided into two categories: 1) Banned Substances that are never permitted in a horse and 2) Controlled Medications that are permitted outside specified periods. Horses will now be tested for these substances following races as well as outside competition windows through an intelligence-based testing system developed by HIWU. The ADMC Program incorporates internationally recognized standards set by organizations including the Association of Racing Commissioners International (ARCI), World Anti-Doping Agency (WADA) and Federation Equestre Internationale (FEI).

The Horseracing Integrity and Safety Act, passed into federal law by a bipartisan act of Congress, grants HISA jurisdiction over all Thoroughbred horse races in the U.S. that are the subject of interstate off-track or advance deposit wagers.

The ADMC Program is the second of HISA's two regulatory programs to be implemented. HISA's Racetrack Safety Program, which established uniform operational safety rules and racetrack accreditation standards, took effect upon receiving approval from the FTC on July 1, 2022.

National HBPA Statement in Response to ADMC Rules Approval

The National Horsemen's Benevolent and Protective Association released a statement in response to the FTC's approval the Anti-Doping and Medication Control rules, while also committing to filing a motion to stop the rules from going into effect.

“The Authority is barreling forward to implement HISA, and the FTC is enabling it by rubber-stamping another set of seriously flawed rules,” said National HBPA President Doug Daniels, DVM. “Industry concerns must be taken into account, and we believe no one at the FTC is listening. That's why the Fifth Circuit Court of Appeals ruled HISA unconstitutional in our lawsuit. Without our efforts, I fear for our future. Today, we plan to file a motion with the Northern District of Texas court asking the judge immediately to stop these rules from going into effect.”

The post FTC Approves HISA’s Anti-Doping And Medication Rule appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Rate Of Fatal Injuries Lowest On Database Record

The rate of fatal injuries in 2022 was 1.25 horses per 1,000 starts, a 10.1% decrease from 2021 when there were 1.39 fatalities per 1,000 starts according to figures complied by the Equine Injury Database (EID) and released Monday by the Jockey Club. It was the lowest number since the EID began covering the fatality rate in 2009, when the figure was 2.00 horses per 1,000 starts.

“The data shows that since 2009, the risk of fatal injury during racing has declined by 37.5%, which is statistically significant,” said professor Tim Parkin of the University of Glasgow, who has consulted on the EID since its inception. “The overall downward trends are testament to the benefits of an evidence-based approach to safety, which is only possible thanks to the EID.”

Since 2018, the rate of fatal injury has dropped from 1.68 to 1.25, a decline of 25.6%. The 2022 numbers marked the fourth straight years that the risk of fatal injury has fallen.

“We can say with confidence that the risk of fatal injury is heading in a sustained downward direction both overall and in many specific areas,” Parkin said. “The six-month period from July 1, 2022, to December 31, 2022, was the safest six-month period on record since the inception of the EID in 2009. This evidence of positive progress is very encouraging and should be applauded by everyone in North American racing.”

There were just 12 fatalities in races run over synthetic surfaces in 2021, which worked out to a rate of 0.41 fatalities per 1,000 starters, making it, easily, the safest surface. Turf races were next at 0.99, followed by dirt races at 1.44. Races run at more than 8 furlongs were the safest at 0.86. Races run at 6 to 8 furlongs were next at 1.31, followed by races run at less than 6 furlongs at 1.38. Races for 2-year-olds were the safest in the age group at a rate of 0.98. Three-year-old races were next at 1.13, followed by races for 4-year-olds and upward at 1.34. The 3-year-old figure was notable as it showed a 25.7% decline from 2021 and that the figure was as high as 2.08 in 2014.

Since March 2012, racetracks have been able to voluntarily publish their statistics from the EID on The Jockey Club website. The racetracks that publish their EID statistics reported racing fatalities per 1,000 starts of 0.99 as compared to 1.42 for those that do not publish.

Some of the most notable gains have come at the Southern California tracks. At Santa Anita, the figure for 2022 was 0.63, down from 1.45 in 2021. Even more significantly, the rate of breakdowns has dropped considerably since 2019 when the number was 3.01, an alarmingly high rate that led to outcries from animal rights activists and politicians. At Del Mar in 2022, there were 0.56 fatalities per 1,000 starts. In 2016, the number was 3.01.

The trend at Keeneland was also a positive one, at 0.33. In 2019, the figure at Keeneland was 3.21.

The post Rate Of Fatal Injuries Lowest On Database Record appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Letters To The Editor: Jeff Landry

As a young boy, I spent summers mucking out stalls, painting fences, and helping out on my great-uncle's farm. Early in the mornings, his grandson and I could hear him tapping on the door, telling us to wake up and get moving in Cajun French. “Levez, levez!” We'd jump out of bed and ride down to the track to watch the jockeys breeze the horses as the sun was coming up.

Those are memories I fear the next generation might never experience as we battle the Horseracing Integrity and Safety Act (HISA)–legislation slipped into the COVID relief package and passed by Congress in the dark of night to federalize the horseracing industry and give complete regulatory power to a private corporation without consent of the individual states or even input from the horsemen themselves.

Horse racing in Louisiana has its roots in Cajun and Creole culture, where the infamous bush tracks of the 1950s produced some of the finest jockeys in the world. Soon, Acadiana became known as a place where you could start out riding barefoot and work your way up to winning the Kentucky Derby with an entire community to not only cheer you on but also finance the first major racetrack in the region–Evangeline Downs (where the announcer Gene Griffin would say “Ils Sont Partis!”, which means “And they're off!”).

Fueled by this rough and tumble past, Louisiana horse racing has effectively policed itself for over 200 years, evolving over time to meet modern challenges while maintaining its unique identity. It's an industry built with our own sweat and blood, supported by a tight-knit group of horsemen, racing fans, and family businesses. As in other states, we know how our horses handle our unique climate, our tracks, and our footing. We know the history of our bloodlines, the traditions of our sport, and the nature of this industry far better than anyone else.

That hard-won knowledge has created an entire culture within Louisiana, one that has grown from an economic impact of $460 million in 1979 to $1.5 billion today. As Attorney General, it's my job to protect this industry, its culture, and its people. That's why I have been fighting against HISA from the very beginning, even as political players pressured my office to not get involved. But like most Cajuns, when I stand for what's right, I don't back down.

At the core of HISA is this: a handful of wealthy players wish to control the sport through a one-size-fits-all, pay-to-play scheme that will decimate the inclusive culture of horse racing. And while we can all agree that we want integrity and safety in the sport, perhaps it must also be stated that we should never let a few bad actors define the whole. Yet under the guise of “integrity,” the federal government is using the excuse of bad actors to take away the freedoms and liberties of all horsemen while completely ignoring the unique cultures of each individual state and the people who have created it.

As a result, if HISA is successfully enacted, many of those who have been racing horses in their states for generations will be run out of business by ridiculously expensive fees, fines, and other barriers to entry. This will affect breeders, jockeys, farriers, veterinarians, tracks, and supply shops. Entire cultures will be decimated in support of unclear, inconsistent, and oftentimes dangerous new rules designed by political and corporate elites who can't even decide what kind of shoes a horse should wear.

For Louisiana and her people, my Solicitor General Liz Murrill and I took on this battle. We stood up for horsemen when it was neither popular nor politically convenient because we knew that it was the right thing to do. We believe that horse racing should be enjoyed by all–not just an exclusive elite. And our fight is now leading to the U.S. Supreme Court, where a disagreement between two federal courts must be decided. That is why it is absolutely vital everyone stand up now for true integrity in horse racing, for state sovereignty, and for the culture of this sport.

I almost feel like my great-uncle is knocking on your door, asking you all to wake up and fight with us. Place the power back into the hands of the people, where it belongs. I cannot guarantee you a win; but I do believe that the greatest advantage we have are our numbers. So, if the attorney general of your state has joined our coalition in the fight against HISA, please thank them; but if your attorney general is not yet involved, please encourage them to file an amicus brief in support of our cause. And if you run an organization affected by HISA, please join us at the U.S. Supreme Court to voice your opposition to this gross federal overreach.

Now more than ever, your voices must be heard. If we are to protect horse racing, we must take action. And so I say, “levez, levez!” Let's go.

Jeff Landry, Louisiana Attorney General

The post Letters To The Editor: Jeff Landry appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Lisa Lazarus Talks HISA Budget

Early last week, a bill landed on the doorsteps of the nation's state racing commissions containing their portion of the money needed to fund the Horseracing Integrity and Safety Act (HISA) remit for next year.

The total $72,509,662 amount is broken down four main ways:

  • $58,108,758 to run the anti-doping and medication control (ADMC) program overseen by the newly minted Horseracing Integrity and Welfare Unit (HIWU);
  • $3,654,830 towards HISA's racetrack safety program, which initially went into effect on July 1 this year;
  • $5,466,709 to continue building the technology needed to support HISA's programs;
  • And $5,279,365 for administrative and organizational costs, with $1.8 million of that budgeted for litigation expenses.

That $72.5 million figure doesn't necessarily have to be the final total. The Horseracing Integrity and Safety Authority–the non-profit umbrella established by HISA to broadly oversee the national program–has offered state racing commissions approximately $23 million in monetary credits against the assessment.

“These credits are available to [state racing commissions] who choose to provide sample collection personnel and investigative services (including stewards involved in investigations) in compliance with the new Anti-Doping and Medication Control (ADMC) Program rules,” a HISA press release stated.

To dig down into the particulars, the TDN spoke earlier this week with HISA CEO, Lisa Lazarus.

The Primer

The financial assessments recently sent to individual state rate commissions form a “worst-case scenario” budget “if nobody works with us and we can't hold onto any of that money,” explained Lazarus.

In other words, that $72.5-million figure is the sum total to the industry if no states reach an agreement with HISA and HIWU to continue performing many common anti-doping and medication control program tasks like sample collection and certain investigative duties.

All state commissions could, of course, deicide to fund their portion in full. But for those jurisdictions that reach an agreement with HISA and HIWU, they will likely want to offset some of those costs through the $23 million in credits on offer.

Credits are based, said Lazarus, on how much it would cost the Authority to fill a designated position, rather than what it currently costs the commission for the same role.

And because such a calculation isn't necessarily a 1:1 trade-off–and because many commission personnel often perform more than one task–Lazarus said that she believes the credit system largely plays to a commission's financial advantage.

“Let's say Kentucky's spending $1 million dollars a year on sample collectors,” said Lazarus, using a hypothetical number. “If we had to go in there and hire all new collectors from scratch, we'd actually have to pay $1.5 million. A lot of those state collectors might [also] do other things for the state.”

More broadly, HISA will assume other financial burdens come Jan. 1, including investigation costs, laboratory fees and shipping costs, as well as legal expenses associated with prosecuting ADMC program violations.

But this leads to a potential conundrum for some commissions whose budgets were finalized many months ago in the state legislature when HISA's 2023 budget was unknown, and who, in some circumstances, might have already accounted financially for these costs, including for personnel.

In response, Lazarus pointed in a follow-up statement to the available HISA budget relief, and added, “It's been clear for months that HISA's ADMC program would be going into effect by January 1, 2023. Our goal is that some processes and staffing that have been in place in the past can be re-purposed in collaboration with HIWU so we're all being as efficient and strategic about the transition as possible.”

Ultimately, per Lazarus's calculations, the additional cost of the federal program to the entire industry is roughly $20 to $25 million more than what is currently spent nationally, and she calls those extra monies the cost of “automating and professionalizing a national program.”

Said Lazarus, “That's a relatively small amount, in my view, to invest in safety and integrity to protect a sport that has so much potential.”

Opting Out

Fourteen different jurisdictions are scheduled to host racing on Jan. 1, when the new anti-doping and medication control program goes into effect. And these respective states have until Nov. 17 to decide whether or not to enter into an agreement with HISA and HIWU.

The others will be required to make that agreement decision later down the line, proportionate to the date of their first scheduled 2023 race meet. So far, said Lazarus, no individual states have entered into a voluntary agreement.

On the flip side, only Ohio has so far officially opted out, said Lazarus.

For those commissions that shun a voluntary agreement, HISA's monetary assessment falls onto the shoulders of the respective tracks–a figure which, among all the tracks in the state, is no larger than what had been assessed each respective commission. All sample collections in that state will also become HIWU's responsibility.

The amount charged each track is based on a per-start calculation that factors in numbers of starts and the total purses paid out.

As such, the per-start calculation can vary quite wildly between different tracks, with Los Alamitos charged a per start fee of around $85 and Kentucky Downs looking at a fee of over $1,000 per start. Churchill Downs would face the largest overall assessment if the state commission opts-out of an agreement–nearly $3.9 million.

Furthermore, “if the state opts out, they lose the opportunity for the monetary credit,” said Lazarus. But she added that there are possible avenues for individual tracks or racing associations to unilaterally enter into agreements with HISA to access some of the $23 million in credits.

A track, for example, could form a not-for-profit organization–similar in effect to the New York Racing Association–and hire their own team to conduct tasks like sample collection.

“We're open to any agreement,” said Lazarus, mirroring HISA's approach for the race-track safety portion of the program. “We've had to be really creative because every state is different, and we have to be sensitive to that.”

Which leads to perhaps the most urgent question: Will HISA have enough adequately trained personnel to fill the required positions among those states that opt-out before Jan. 1?

“We've been working very hard on recruiting and getting the workforces in place so that we don't miss a beat on Jan. 1,” said Lazarus.

She is unsure, however, which of the 14 jurisdictions scheduled to race on Jan. 1 will opt-in or out beforehand, stressing how the financial assessments have only very recently been issued.

That said, “I think I can predict with a fair amount of certainty–maybe give or take one or two states–on who's going to enter into an agreement and who's not,” said Lazarus, pointing out how 18 of the 23 individual states entered into an agreement of sorts with HISA for the racetrack safety portion of the program.

Not all agreements were identical, however, and it's believed that only about a handful of states shouldered their racetrack safety costs in full.

Other Budget Components

HISA has priced the entire cost of sample collection, laboratory analysis, enforcement, and other program costs at around $58 million.

Lazarus pinned the laboratory costs alone at around $18.7 million. This is in comparison to estimated national laboratory costs of between $13.2 and $13.8 million from a few years ago.

HIWU can tap all laboratories currently accredited by the Racing Medication and Testing Consortium (RMTC) for adoption into the ADMC program. Laboratory contracts have yet to be inked though, said Lazarus. “I think they're pretty far along,” she added, about those negotiations.

“What I'll tell you is that the strategy and the focus is on smart intelligence-based and investigation-based testing,” she said, adding that, “I actually think you'll see an increase in out-of-competition testing almost everywhere, because that's going to be an important component of the new testing plan.”

Lazarus demurred, however, when asked if this scenario could also lead to a potential reduction in post-race testing among those states with currently the most rigorous post-race testing programs.

A key part of HISA's intelligence-based investigatory approach appears to be the use of technology and centralized databases. For this, HISA has budgeted around $5.4 million for next year.

The racetrack safety database is, of course, already up and running, though Lazarus said that it's constantly being tweaked and improved. She also said that the database for the ADMC program will be “ready to go” on Jan. 1.

At least initially, the ADMC database will compile information like the responsible person in the event of a violation, their charges, case status and the eventual rulings.

HISA has also budgeted $1.8 million next year for the costs associated with fighting the four suits seeking to derail the law. In the event HISA succeeds in court, could it seek cost recovery from the plaintiffs?

“I'm going to leave that one for lawyers,” Lazarus responded. “I do know they have looked into it and we're evaluating our options there.”

Other Stakeholder Questions

The TDN spoke with several stakeholders around the country to canvas other questions and concerns about the budget and the impending roll-out of the ADMC program. The key questions are posted below along with Lazarus's response.

 

Q: Even if a jurisdiction enters into an agreement with HISA for next year, could some current state commission positions be culled, made redundant through efficiencies made in the national program?

“Obviously, many responsibilities will no longer be on the shoulders of the racing commissions, but don't forget they still have other breeds like Standardbreds and Quarter Horses,” she said.

“How all of that works out, it's hard for me to say at this stage, but I think you're probably right philosophically that we'll continue to see efficiencies in this space as we work towards a national uniform professionalized system, but one that's also as cost-efficient as we can make it.”

Q: What can you tell stakeholders in those states with the highest HISA assessments who feel as though they're essentially subsidizing the high volume racing, low purse states?

“The HISA board approved a cost-assessment methodology that equally weighed starts and strength of purse. If you didn't have that methodology, you'd have states like Pennsylvania paying more than Kentucky. The statute requires us to be equitable, and it felt to the board that was the place you would land on equity,” said Lazarus.

“They may have potentially an outsized role to play in their view now, but they also have a tremendous amount to gain because when a horse dies or tests positive in a state that maybe doesn't have the same integrity and safety [protocols] in place as some of the bigger, stronger states, that hurts horse racing everywhere,” Lazarus added.

“At the end of the day, if HISA works as it should, it should form a protective ring around the industry and give it a stronger foundation with which to build.”

Q: HISA statute precludes state commissions from billing a track or association for the same services that fall under HISA's purview. What will HISA do to do to prevent this from happening?

“There was some discussion about this around the racetrack safety program and where it came up, we just stepped in and said, 'it's not allowed from a legal standpoint,'” said Lazarus.

“All of these commissions, they work for state governments. These are ethical people who are professionals. So, if you put it to them that it's not allowed, they acknowledge it pretty quickly. I don't see that as being a real concern.”

Q: Do you expect any states to drop-away due to costs?

“Ultimately, there's no avoiding the cost. I mean, I'm not sure if you heard me say that we'll work with all of the states and racetracks to find a way of dealing with them that's affordable for them, that works for them,” said Lazarus.

“We will do our best to reach some kind of agreement that is manageable. But at the end of the day, if they just don't want to pay, then the only real option for them is the Texas option, which is deciding not to send out your pari-mutuel signal.”

The post Lisa Lazarus Talks HISA Budget appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Verified by MonsterInsights